ABDUL REHMAN RESHI Vs. BASHIR BHAT

JUDGEMENT

(1.) ORDER :- This revision petition calls in question the legality of the order dated : 12-9-97 passed by Sessions Judge Anantnag in Sessions case No. 11 of 1997 titled State v. Nazir Ahmed.

(2.) On considering of the evidence collected during investigation and on application of the case law to the facts of the case, the Ld. Sessions Judge held accused A-1 to A-4 prima facie guilty of the offences punishable under Sections 148, 323, 341, 366 and 302 read with 34 R. P.C. whereas the rest of the accused in the case, A-5 to A-15, came to be ex-facie saddled with the criminal liability of having committed the offences punishable under Sections 148, 323, 336 and 341 R.P.C. The trial Judge accordingly drew up, vide the impugned order, the formal charges against the accused persons. The order has thus the effect of discharging the accused A-5 to A-15 for the offence punishable under Section 302 read with 149 R.P.C. Hence this revision motion, which has been filed by the complainant, a private party in the case, that is instituted on behalf of the State.

(3.) It needs to be noticed that after the impugned order was passed the trial started during which eight of the listed prosecution witnesses came to be examined, which included the petitioner, herein, whose statement was recorded on 4th of October, 1997. It was after his statement having been recorded that the informer, came up to invoke the revisional jurisdiction complaining that the trial Judge has over-stepped his jurisdiction by adopting, at the stage of framing charges, the approach as if he was to determine the guilt of the accused.